Judge approves expert for testimony in sexual assault case against former Colfax man
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by LeAnn R. Ralph
MENOMONIE — A Dunn County judge has determined that an expert in domestic violence has specialized knowledge and is qualified to give expert testimony in a case involving a former Colfax man, now a Boyceville resident, accused of sexual assault.
Daniel Z. Sims, age 37, appeared in Dunn County Circuit Court June 27 with his attorney, Shirlene Perrin, before Judge Christina Mayer.
Sims is charged with felony second degree sexual assault of an unconscious victim with a modifier of domestic abuse and felony third degree sexual assault with a modifier of domestic abuse.
In what is known as a Daubert hearing, Dunn County District Attorney Andrea Nodolf called on Jenelle Haddad to testify, according to online court records.
Haddad has been involved in anti-violence work for more than a decade and is the domestic violence program director at the Family Support Center in Chippewa Falls, according to a webpage posted by the Wisconsin Department of Justice inviting participants to register for a one-day training on stalking given in October of 2022 for law enforcement, prosecutors, advocates, victim witness specialists and other community collaborators.
A Daubert hearing allows a challenged expert to give testimony for the purpose of evaluating the admissibility of the testimony.
Perrin had filed a motion with the court seeking to exclude the expert testimony in front of a jury.
Judge Mayer found that Haddad has specialized knowledge and is qualified to give expert testimony.
Perrin also objected to Nodolf’s motion to include “other acts” evidence regarding a Pierce County case.
Judge Mayer said she would allow the Pierce County case as an other act.
Sims had been charged with one felony count of first degree sexual assault with use of a dangerous weapon in Pierce County. The case was scheduled to go to trial, but the charges were dismissed June 1 on a prosecutor’s motion, according to online court records.
During a May 24 hearing in Pierce County, the prosecutor extended a plea deal to amend the charge to third degree sexual assault, but Sims declined the offer.
During the June 27 court hearing, Judge Mayer decided that several other cases against Sims filed in Dunn County also would not be allowed.
Other cases
In one of the cases, Sims is charged with four felony counts related to the sexual assault of a child under the age of 13, and in another case, he is charged with two felony counts related to the first degree sexual assault of a child under the age of 13.
Judge James Peterson set bail with a $2,000 signature bond in April of 2022 for the initial charges related to the sexual assault of a child.
Conditions of the signature bond are that Sims is to have no unsupervised contact with anyone under the age of 18, no contact with the alleged victim, no possession or consumption of alcohol and that he is not to enter any taverns or liquor stores, according to online court records.
Bail was set at $20,000 cash in October of 2022, with a $10,000 cash bail for the charge of second degree sexual assault of an unconscious victim and third degree sexual assault, and a $10,000 cash bail for the charge of sexual assault of a child under the age of 13.
Conditions of the cash bail are that Sims is to have no unsupervised contact with any minors and is not to possess or consume alcohol.
Complaint
According to the criminal complaint, Sims would become heavily intoxicated and would engage in sexual contact with the alleged victim while she was sleeping and without her consent.
The alleged victim described Sims’ sexual contact as “violent and vulgar,” the complaint states.
The alleged victim told investigators that she was taking two different kinds of medication to help her sleep and that it was difficult for her to wake up.
At the time of the June 27 hearing, Sims remained in custody in Dunn County.
Sims is scheduled for a pre-trial conference in two of the Dunn County cases in July.
For the case involving four felony counts related to the sexual assault of a child under the age of 13, Sims is scheduled for a five-day jury trial in January of 2024.
